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Bombay High Court

ASHRFUL SADEEK ALI TARAFDARversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail was granted to the applicant under the NDPS Act.

Summary

The applicant, Ashrful Sadeek Ali Tarafdar, was arrested for possession of eleven bottles of codeine phosphate cough syrup, a commercial quantity under the NDPS Act, while a co‑accused possessed eight bottles, an intermediate quantity. He has been in custody for over a year without charge framing and the trial appears unlikely to conclude soon. The applicant argued that parity should apply because the co‑accused was released on bail, whereas the State contended that the larger quantity justified denial of bail under Section 37 of the NDPS Act. The Court noted the applicant’s lack of prior criminal record, the prolonged incarceration, the absence of a framed charge, and the likelihood of trial delay, and considered Supreme Court precedents granting bail in similar circumstances. Consequently, the Court granted bail with stringent conditions, emphasizing that the order does not prejudice the trial’s merits.

Issues considered

  • Whether bail can be granted to a person accused of possessing a commercial quantity of narcotic substance under Section 37 of the NDPS Act.
  • Whether the principle of parity applies when a co‑accused with a lesser quantity has been released on bail.
  • Whether the prolonged pre‑trial detention and lack of charge framing justify bail despite the commercial quantity involved.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine syrup
  • commercial quantity
  • parity principle
  • pre‑trial detention
  • criminal procedure

Judgment

WAKLE
MANOJ                 MANOJ                                              903-BA-1936-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.09.09
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
18:54:50 +0530
                                CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL BAIL APPLICATION NO.1936 OF 2026
                      Ashrful Sadeek Ali Tarafdar                         …Applicant
                              V/s.
                      The State of Maharashtra                            …Respondent


                      Mr. Nilesh S. Bangar, for the Applicant.
                      Mr. T. G. Khan, APP for the Respondent-State.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 8th SEPTEMBER, 2026
                      P.C. :-

                      1.      Heard learned Counsel for the parties. Perused the record.

                      2.      Applicant seeks his release on bail in connection with an FIR
                      bearing Cr.No.342 of 2025, registered with Neharu Nagar Police
                      Station, Mumbai for the offence punishable under Sections 8(c),
                      21(b), 21(c) and 29 of the Narcotic Drugs and Psychotropic
                      Substances Act 1985 (“NDPS Act”), on the Report dated 15 th July,
                      2025, lodged by Mr. Chhabu Tadage - Police Constable.

                      3.      The prosecution case is that on 14th July 2025, at about 19.30
                      hours, while the police team including the informant was patrolling,
                      near Mother Dairy Road, Kurla, accused No.1 and the applicant
                      were present there, near the traffic signal at S.C.L.R. Bridge and,
                      they were hiding something in their hands. Therefore, A1 and the
                      applicant were accosted and inquired with by police. They gave
                      evasive replies. One bag each held by the A1 and the applicant were
                      searched in the presence of panchas. Eight (8) bottles containing
                      Codeine Phosphate Based Cough Syrup were found in the bag in the
                      possession of A1 and Eleven (11) such bottles were found in the bag


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MANOJ                                                903-BA-1936-2026.DOC



in the possession of the applicant. Said contraband bottles were
seized, recording a detailed panchanama. Accordingly, aforesaid
crime came to be registered and, both the accused were arrested. On
completion of investigation, police submitted the charge-sheet. The
trial Court declined the applicant’s prayer for bail.

4.      Mr. Bangar, learned counsel for the applicant submitted that
A1 has been released on bail by the Sessions Court. The applicant is
in jail for more than one year. Therefore, applicant is entitled to be
released on bail on the principle of parity and the incarceration.

5.      Opposing the said submission, Mr. Khan, the learned APP
submitted that no parity is applicable in this case, because, A1 was
found in possession of intermediate quantity and present applicant
was found in possession of commercial quantity. The applicant has
not shown that prima facie, he is not guilty of this offence.
Therefore and, having regard to rigours of Section 37 NDPS Act,
bail may be refused.

6.      I have considered these submissions. The present crime is
committed by A1 and the applicant together. However, there is
difference of three bottles between the A1 and the applicant. Be that
as it may. The applicant is in jail for last 1 year. Till the date, charge
is not framed. The prosecution has cited 12 witnesses. Therefore,
trial is not likely to conclude in a foreseeable time. A1 is already
released on bail. Applicant has no criminal antecedents. He is not
likely to abscond and tamper with evidence. Stringent conditions
will help in preventing the applicant from indulging in such
activities.

7.      In similar situation bail is granted in following cases by the
Hon’ble Supreme Court.

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MANOJ                                                  903-BA-1936-2026.DOC



        In Anandbhai Rajendrabhai Vaniya v. State of Gujarat,
Criminal       Appeal   No.859/2025    arising   out    of   [SLP   (Crl.)
No.17042/2024], as alleged, the appellant was driving the car from
which 995 bottles of RX Codeine Phosphate & Triprolidine
Hydrochloride syrup were seized. The appellant had figured in eight
cases, but, was discharged in five cases, acquitted in two cases and
in the other remaining case, he was on bail. Taking into
consideration the 17 months incarceration of the Applicant, the
nature of allegations levelled against him and, the possibility of the
trial not being concluded anytime soon, the Hon’ble Supreme Court
released the appellant on bail.

        In MD Ezaz Afzal & Anr. v. State of W.B SLA (Crl.)
12419/2024, the petitioners were arrested on 10.12.2023 as 1920
bottles of codeine phosphate syrup were seized from them. The trial
was not commenced. No witness was examined, though 14 were
cited by the prosecution. Taking note of the quantity of codeine
phosphate syrup allegedly involved in the case and, the period of
incarceration (11 months) already undergone by the Petitioners, the
Hon’ble Supreme Court released them on bail.

8.      In the wake of above, I am inclined to allow the application.
Hence, following Order:-

        (i)     Applicant – Ashrful Sadeek Ali Tarafdar shall be
        released on bail in connection with an FIR bearing Cr.No.342
        of 2025, registered with Neharu Nagar Police Station,
        Mumbai, on his furnishing P.R. Bond in the sum of
        Rs.50,000/- with one or two sureties in the like amount.

        (ii)    The applicant shall mark his attendance at Neharu
        Nagar Police Station, Mumbai, on the 1st day of each calendar

                               Page 3 of 4
MANOJ                                                     903-BA-1936-2026.DOC



        month between 12:00 noon to 4:00 p.m., till the conclusion
        of the trial.

        (iii) The applicant shall regularly attend the proceedings
        before the jurisdictional Court unless exempted by the said
        Court, for the reasons to be recorded in writing.

        (iv)   The applicant shall not tamper with the prosecution
        evidence and shall not directly or indirectly influence upon
        the prosecution witness to prevent them from deposing
        against him.

        (v)    On being released from jail, the applicant shall furnish
        his    contact   number     and     residential   address   to   the
        Investigation Officer and shall keep him updated, in case
        there is any change.

        (vi)   The applicant shall not indulge in identical activities for
        which he has been arraigned in this case.

        (vii) It is clarified that any observation made in the present
        Order are for the purpose of deciding the present Bail
        application and should not influence the outcome of the trial
        and also not be taken as an expression of opinion on the
        merits of the case.

9.      Application stands disposed of in the aforesaid terms.



                                  (SHYAM C. CHANDAK, J.)




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